1 Building a caring correctional system that truly belongs to all 1 IMPLEMENTATION OF RECOMMENDATIONS OF FINAL REPORT OF JALI COMMISSION OF INQUIRY Presentation to Portfolio Committee

2PURPOSE Purpose of Presentation provide feedback to Portfolio Committee on work done by DCS in dealing with final report of Jali Commission of Inquiry since first presentation on 20 June 2006 Format of Presentation   Background   Summary Of Departmental Processes   Status: Implementation Of Recommendations On Systems & Policies   Status: Implementation Of Recommendations On Misconduct Matters   Conclusion 3

3BACKGROUND 4 Previous Presentation focused on: Commission’s terms of reference Duration & cost of Commission Structure of Commission’s report Management Areas on which Commission conducted investigations Broad overview on work done regarding systems & policies Progress made on implementation of interim reports regarding misconduct matters

4 SUMMARY OF DEPARTMENTAL PROCESSES Final report received by Office of President in Dec 2005 Report received by Department in March 2006 DCS Task Team constituted to analyze & summarize report for Management Establishment of Centralised Departmental Task Team to deal with outstanding disciplinary cases. Branches dealing with & finalize issues relating to systems & policies. Quarterly reports to be provided to Commissioner & Minister on progress made in dealing with matter w.e.f 30 September 2006, with letter to President on progress made. Matter prioritized as project for reporting in terms of Government Programme of Action. 5

5 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES 1. 1.HISTORICAL BACKGROUND Strategies undertaken to lay a foundation for transformation Undue Union influence appointment -Most Managers no longer in Department Remarkable progress made in attracting external skills Disciplinary Code recently amended to ensure effectiveness 7

TRADE UNIONISM Separate Bargaining Unit for Senior Management investigated by DPSA – Salary matters already dealt with separately Professional association for Senior Management also being investigated by DPSA Discrepancy between Agency shop agreement fee & Labour Relations Act addressed Relationship Building by Objectives (RBO)’s Ministerial Labour Consultative Forum

CORRECTIONAL CENTRE GANGSTERISM Need for effective strategy identified in new White Paper on Corrections Strategy currently under development Policy makes provision for classification & separation of offenders Protection Plan provides for separation of different risk categories Offender Rehabilitation Path makes provision for profiling of offenders Involvement of officials in promotion of gang activities is a serious offence

8 4.RECRUITMENT / MERIT AWARD IRREGULARITIES Public Service Act & Regulations entrust Minister an accounting officer with authority relating recruitment Recruitment process partly outsourced Recruitment policy & procedures in process of being consolidated Internal controls put in place for proper management of merit awards

CORRECTIONAL CENTRE SECURITY Installation of technology part of Correctional Centre upgrading as well as new generation centers Offender Rehabilitation Path makes provision for profiling & categorization of offenders Security awareness part of Basic training & refresher training Reward system for both offenders & officials in place Ethics & anti-corruption course developed & implemented

TREATMENT & DETENTION OF OFFENDERS IN ISOLATION & C-MAX INCLUDING NUTRITION New offender disciplinary code consistent with human rights & principles of natural justice Chairpersons of offender tribunals trained in new Code Detention in single cells should be consistent with principles of natural justice (procedural fairness) Measures put in place to implement three meal system

SEXUAL VIOLENCE AGAINTS INMATES IN CORRECTIONAL CENTRES Human Rights training part of Basis training modules Profiling & categorization will assist in separation & protection of vulnerable (ORP) Rape protocol & procedures have been developed Sexual offences treatment program is being designed Protection Plan aimed at prevention sexual assaults. Operational agreement with Centre for Study of Violence & Reconciliation to conduct survey on sexual violence

PLACEMENT OF OFFENDERS ON PAROLE New Act has transformed structure & composition of Parole Board to ensure accountability 52 New Correctional Supervision & Parole Boards in place Parole Board decisions subject to review by a Parole Review Board Parole Boards guidelines consistent with Promotion of Administrative Justice Act to ensure fair & accountable decisions Restrictions placed on medical Parole aimed at ensuring safety of community & victims

CONVERSION OF SENTENCES OF IMPRISONMENT INTO CORRECTIONAL SUPERVISON Survey conducted at request of Minister to determine backlog No need for amendment of section 276A of Criminal Procedure Act as section 299A of Act makes provision for involvement of victims in Parole Hearings POWERS & FUNCTIONS OF JUDICIAL INSPECTORATE OF PRISONS Independent statutory body not subject to DCS control Independent Prison Visitors may report corruption matters for further investigation No need to amend Act at this stage

PRISON OMBUDSMAN DCS has internal investigative capacity in line with Cabinet decision Departmental Investigation Unit centralized to ensure impartiality DCS signed a Memorandum of Understanding with SAPS, SIU & DSO for Mutual Support No need for an additional agency

OVERCROWDING Identified as JCPS priority since 2002 Interdepartmental Task Team established Research project underway on offender projection model Overcrowding monitored in Risk Management Committee All Regions have Risk Mitigation Plans on overcrowding Approval of amnesty is Presidential prerogative (section 84 of Constitution) Correctional Services Act provides statutory measures (section 62(f), 63A & 81) Management of Remand Detention Project

ABUSE OF POWER BY SENIOR OFFICIALS DCS employment equity Policy currently undergoing intensive review & development Comprehensive training to be conducted upon completion of current policy review DISCIPLINARY ENQUIRIES DCS Disciplinary Code & Procedures recently subjected to intensive review Chairpersons & Initiators undergoing training on a continuous basis to enhance compliance with Labour Law principles Enforcement of discipline considered as management line function & cannot be outsourced

17 15.OVERTIME POLICY In line with PSC recommendations on overtime, DCS decided to migrate to 7 day working week establishment Agreement concluded in 2005 with recognized Unions for phasing in of 7 day establishment Three Recruitment Agencies contracted to expedite recruitment process. Overtime currently managed in a responsible manner 16.PROCUREMENT & LOGISTICS Policies & procedures extensively reviewed to enhance internal controls Components continuously subjected to internal auditing & inspection to monitor compliance Meetings held on a continuous basis between National office functionaries & Regional Heads: Finance & Supply Chain Management to raise policy awareness

CORRECTIONAL CENTRE WORKSHOPS & STOCK CONTROL SYSTEM Policy & procedures have been reviewed to enhance internal controls Workshop computer system password protected Component continuously subjected to internal auditing & inspection to monitor compliance Monitoring & evaluation visits conducted by National office

IMPLEMENTATION OF PREVIOUS INVESTIGATION INTO DEPARTMENT Thrust of PSC & DPSA reports mainly on irregularities relating to recruitment, promotions, merit awards, overtime abuse of power including fraud & corruption regarding procurement matters Current interventions & measures cover both Commission’s as well as PSC & DPSA proposals on these matters Departmental Investigation Unit responsible for coordination, management & keeping of data relating to investigations A system has been developed for management of all information relating to corruption cases

IMPLEMENTATION OF COMMISSION’S INTERIM REPORTS Commission’s request for outsourcing of disciplinary hearings in contravention of Bargaining Chamber Agreement DCS from time to time source services of external people with regard to senior management cases Concern relating to implementation of 8 th interim report not founded All officials (nurses) referred to in report resigned before commencement of disciplinary hearings - Matter only referred to Nursing Council for further handling

21 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS   Department started to analyze different cases whilst simultaneously assessing capacity needed to deal with cases from 26 June   Team of 20 members from different Regions was assembled.   A centralized team not representing specific region   Members of Team convened at different stages.   Budget process took place simultaneously.   Projections - R 1,5 mil. 2006/07 - R 2 mil. 2007/08   R allocated   Expenditure to date R (venues / accommodation / S+T claims) 10

22 Process followed by team: Different sub-teams focused on particular management areas as per terms of reference & where alleged misconduct took place:   Pretoria   Johannesburg   Ncome   Pietermaritzburg   Durban / Westville   Pollsmoor   St Albans   Middledrift STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS 11

23 Documentation  Jali Reports – (Executive Summary & 5 Volumes ± 3500 pages)  Transcription of all hearings plus exhibits ± pages  Groups had to analyse  Report  Select relevant part of transcription & exhibits  Formulate a report to indicate:  What evidence is available  Are witnesses still available  Where are members & witnesses stationed  Whether further investigation needed. 12 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

24  Prepared 48 investigation reports implicating 109 members. (7 SMS members included) - 7 investigations still ongoing  Initial report indicated 125 members implicated but after scrutiny of documentation certain cases could not be persued due to lack of evidence / witnesses deceased/ untraceable  In terms of Resolution 24/1997 (Disciplinary Code & Procedure) members implicated must be afforded opportunity to reply to allegations. In some cases Resolution 1/2001 will be applicable with same provisions. 13 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

25 All these members were served with letters in this regard. -Letters indicating allegations against them applying audi alteram partem rule - reason being that members chose not to appear before Commission & their versions are not available -Process now followed is finalization of internal investigation In all cases Commission recommended suspension. -Suspensions considered in view of recommendations only 12 members potentially qualified -After consideration of their responses one member was suspended 15 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

26 Current Process  Serving of charges on implicated members. - task team members will as from 10/10/2006 serve charge sheets on implicated members -Hearings will be scheduled depending on schedule of parties involved  Appointment of chairpersons (18 members identified) -SMS members hearings will be chaired by GPSSBC Commissioners 17 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

27   Disciplinary hearings already commenced Medcor Fraud – 701 members implicated DCS received 120 files from DSO Charged internally 96 (others passed away / resigned / medically boarded) 4 hearings two dismissed 94 pending in 2 hearings Anticipated timeframes to finalize hearings November STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

28 Problem Areas / Disciplinary Process Most of alleged misconduct relates to period prior to 2001  Resolution 24/1997 states that employer should finalize an investigation within 14 days & finalize a disciplinary hearing within 30 days thereafter  Jali Commission hearings are exceptional & Department will rely on case law to address this area  Availability of witnesses (Deceased / Resigned / Released from correctional system) 19 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

29 Reporting to External Agencies Reporting to External Agencies - Reports where members are implicated in criminal activities were forwarded to NDPP Medcor fraud cases (120) – DPP KZN Criminally charged in groups of four (4) Two found guilty – fine & suspended incarceration Others already criminally charged with different dates of hearing commencing in 2007 Professional bodies were already informed of misconduct of professionals (e.g. nurses) 20 STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

30CONCLUSION 22   Work relating to systems & policies has been concluded. Continuous monitoring & evaluation is what needs to be done.   Next report to Portfolio Committee will only focus on progress made on current disciplinary & criminal cases.

31 Thank you “An age of hope, a national effort for corrections, rehabilitation & social integration” 23